Update on Caffeinated Alcoholic Beverages

November 28, 2010

Update on Caffeinated Alcoholic Beverages

Food and Drug Administration

WASHINGTON, DC (RPRN) 11/28/10 — FDA Announces Progress on Removal of Certain Caffeinated Alcoholic Beverages from the Market--On November 17, 2010, the FDA issued Warning Letters to four manufacturers of caffeinated alcoholic beverages. FDA’s letters warned that the addition of caffeine to those manufacturers’ alcoholic beverages has not been approved by FDA and is an “unsafe food additive.” The four manufacturers to receive Warning Letters were Phusion Projects, LLC, United Brands Co., Inc., Charge Beverages Corp., Inc., and New Century Brewing Co., LLC.

Since issuing the Warning Letters, the FDA has had discussions with all four companies. As a result of those discussions, significant progress has been made.

Phusion Projects has advised the FDA that it has ceased producing caffeinated alcoholic beverages, is no longer shipping such products, and expects to have all of its caffeinated alcoholic beverages off retail store shelves by December 13. Phusion Projects is the maker of Four Loko.

United Brands has informed FDA that it has ceased shipping its caffeinated alcoholic beverage Joose and, similarly, expects to have its product off retail store shelves by December 13. United Brands also informed FDA that it no longer markets Max, another caffeinated alcoholic beverage listed in the Warning Letter.

Charge Beverages has notified FDA that it ceased producing its caffeinated alcoholic beverages, Core High Gravity HG, Core High Gravity HG Orange, and Lemon Lime Core Spiked, in September and has not shipped any caffeinated alcoholic beverages since early November.

New Century Brewing has advised the FDA that it has ceased manufacturing its caffeinated alcoholic beverage, Moonshot.

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